Could Australia soon recognise sovereigns other than the queen?
Sovereign treaties under international law affirm sovereignty of First Nations, domestic treaties within the colonial system automatically mean First Nations cede sovereignty.
~ Aboriginal activist, Ghillar, Michael Anderson
Australia is the last ex-British colony to not ratify a treaty with its First Nations people, but that may be changing.
By Gabriella Marchant at Aljazeera
29 Jul 2018
' ... "Treaty is [an agreement] between two sovereigns and to be asking the government to at least acknowledge that Aboriginal people ... maintain their sovereignty [supreme authority], I don't think that's too much to ask," says Gunnai-Gunditjmara woman Lidia Thorpe, a Greens member of parliament in Victoria state.
'"You know there's this tokenistic gesture all the time to blackfellas in this country. If you want true reconciliation and true healing then let's be real about it and stop these tokenistic gestures."
What is a treaty?
'A treaty - defined as an "international agreement concluded between two states" in 1969's Vienna Convention on the Law of Treaties - would require the government to legitimise Aboriginal nations as separate to the nation of Australia.
From there, they must negotiate decisions that affect them as equals and on equal terms.
'Associate Professor Dominic O'Sullivan, whose work centres on indigenous governance, says unlike neighbouring New Zealand, treaties were never a part of Australia's settler history.
'"Terra nullius was used to justify the British claim to sovereignty.
'"Britain couldn’t identify an organised political or social order among the indigenous population, and under international law, these were required for a people to hold sovereignty," O'Sullivan says.
'"One could argue that it suited [the colony's first Governor] Philip not to look too hard." ...
'Obstacles remain, however, on a national level. The current federal government has not addressed the call for an Indigenous process similar to a treaty, makarrata, which after two years of consultation was presented in an open letter, the Uluru Statement of the Heart.
'"[Prime Minister] Turnbull's government has been completely inactive in this space and really quite offensive I think, particularly on the Uluru Statement," says Victorian Ged Kearney, whose opposition party supports Makaratta. ... '
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Sovereign Union - First Nations Asserting Sovereignty
'Asserting Australia's First Nations Sovereignty into Governance'
Complexity of Treaty and Treaties
'Understanding the difference between sovereign treaties under international law, which affirm sovereignty of First Nations, and domestic treaties within the colonial system, which automatically mean First Nations cede sovereignty.
'Ghillar, Michael Anderson presents a set of 4 videos to explain the complexities and traps when entering into a Treaty with the Australian government and/or the British Crown.'
VIDEO 1of4 youtu.be/IsuRsvjZMv4
VIDEO 2of4 youtu.be/hTYJHyc3mps
VIDEO 3of4 youtu.be/6vREjG5l57I
VIDEO 4of4 Traps in Treaties and ILUAs youtu.be/YsOOVeGZXqo
Sovereign Union YouTube Channel www.youtube.com/channel/UCpGgzHOPdGpQusO18FuLOdQ/videos
Makarrata v Treaties_
A Statement from the Bush
Ghillar, Michael Anderson 18 August 2017
'The most strategic move for First Nations, at this time of an imploding Commonwealth government wracked by illegal parliamentarians who hold dual citizenship in breach of the Constitution, is to rise up and rebuild the governance, independence, cultural and economic development of one's own Nation and then for our First Nations to treaty with each other first, just as the Northern Basin Aboriginal Nations (NBAN) have done, demonstrating a way forward.
The more First Nations treaty amongst themselves, the more the writing is on the wall for the colonial government ruling in right of the British Crown.
To treaty, or not to treaty? This is the question.
'1979 witnessed a bold protest movement on top of Capital Hill, Canberra, before the new Parliament House was built.
It is important to identify the key players in this protest. It was led by Kevin Gilbert (1933-1993), along with the late George Rose, the late Cecil Patten and Kevin Wyman.
'Kevin Gilbert told the reporters at the time that Aboriginal people did not recognise the usurping of their land by the British and later the Australian Government, and would never recognise it.
'He is quoted as saying: "The national Government of the colonising power is going to build another Parliament House on our land - they plan again to usurp land from us."
(Canberra Times, 8 August 1979) ... '
Sovereign Treaties under International Law
'Sovereign First Nations hold the Law of the Land, the continental common which has never been taken away. No-one can legally take a country through genocide and massacre.
'Commonwealth of Australia rules in right of the Crown of Britain, that's why all laws are assented to by the Governor-general and State laws are assented to by Governors, representing HRH Elizabeth II.
'Commonwealth of Australia does not have its own sovereignty but depends on Britain's sovereignty.
'Treaties under international law are between Sovereign Nations.
'So at the moment Sovereign First Nations can only negotiate with Sovereign Head of Australia which is the Queen, through the Privy Council and the British parliament. ... '
'Dare to be wise'
Decolonisation underpins the sovereign Treaties processes
Ghillar Michael Anderson | Sovereign Union
'Copy of Sovereign Union Letter (and document) hand delivered to the United Nation in New York on the 16th June 2016 to the Secretary General of the United Nations by Ghillar, Michael Anderson on 16 June 2016.
The summary of the 40 page attached document named 'Dare to be wise: Decolonisation underpins the Sovereign Treaties processes in contrast to 'Recognise' which fosters assimilation' is included here along with a link to a pdf copy on the entire document.'
Dare to be wise-Decolonise [43MB]-Treaties in context vimeo.com/171058693
Dare to be wise-Decolonise [382MB]-Treaties in context vimeo.com/171058700
Eleanor Gilbert | Vimeo
'That Word' Treaty - The Value of Historical Insights
'Aboriginal Nations and Peoples throughout Australia must take control of all decisions that affect our future and the destiny of our grandchildren.
We must not relegate ourselves to the level of the proverbial gambler, who is not happy when he wins, but is satisfied knowing that he had won once, despite later losing it all.'
Ghillar, Michael Anderson 2009